Texas 2013 - 83rd Regular

Texas Senate Bill SB97 Compare Versions

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1	1	By: Patrick, Campbell S.B. No. 97
2	2	(In the Senate - Filed November 12, 2012; January 28, 2013,
3	3	read first time and referred to Committee on Health and Human
4	4	Services; March 28, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 6, Nays 3;
6	6	March 28, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 97 By: Deuell
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to distributing or prescribing abortion-inducing drugs;
13	13	providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 171, Health and Safety Code, is amended
16	16	by adding Subchapter C to read as follows:
17	17	SUBCHAPTER C. ABORTION-INDUCING DRUGS
18	18	Sec. 171.051. DEFINITIONS. In this subchapter:
19	19	(1) "Abortion" means the act of using, administering,
20	20	prescribing, or otherwise providing an instrument, a drug, a
21	21	medicine, or any other substance, device, or means with the intent
22	22	to terminate a clinically diagnosable pregnancy of a woman and with
23	23	knowledge that the termination by those means will, with reasonable
24	24	likelihood, cause the death of the woman's unborn child. An act is
25	25	not an abortion if the act is done with the intent to:
26	26	(A) save the life or preserve the health of an
27	27	unborn child;
28	28	(B) remove a dead, unborn child whose death was
29	29	caused by spontaneous abortion;
30	30	(C) remove an ectopic pregnancy; or
31	31	(D) treat a maternal disease or illness for which
32	32	a prescribed drug, medicine, or other substance is indicated.
33	33	(2) "Abortion-inducing drug" means a drug, a medicine,
34	34	or any other substance, including a regimen of two or more drugs,
35	35	medicines, or substances, prescribed, dispensed, or administered
36	36	with the intent of terminating a clinically diagnosable pregnancy
37	37	of a woman and with knowledge that the termination will, with
38	38	reasonable likelihood, cause the death of the woman's unborn child.
39	39	The term includes off-label use of drugs, medicines, or other
40	40	substances known to have abortion-inducing properties that are
41	41	prescribed, dispensed, or administered with the intent of causing
42	42	an abortion, including the Mifeprex regimen. The term does not
43	43	include a drug, medicine, or other substance that may be known to
44	44	cause an abortion but is prescribed, dispensed, or administered for
45	45	other medical reasons.
46	46	(3) "Final printed label" or "FPL" means the
47	47	informational document approved by the United States Food and Drug
48	48	Administration for an abortion-inducing drug that:
49	49	(A) outlines the protocol authorized by that
50	50	agency and agreed to by the drug company applying for authorization
51	51	of the drug by that agency; and
52	52	(B) delineates how a drug is to be used according
53	53	to approval by that agency.
54	54	(4) "Gestational age" means the amount of time that
55	55	has elapsed since the first day of a woman's last menstrual period.
56	56	(5) "Medical abortion" means the administration or use
57	57	of an abortion-inducing drug to induce an abortion.
58	58	(6) "Mifeprex regimen," "RU-486 regimen," or "RU-486"
59	59	means the abortion-inducing drug regimen approved by the United
60	60	States Food and Drug Administration that consists of administering
61	61	mifepristone and misoprostol.
62	62	(7) "Physician" means an individual who is licensed to
63	63	practice medicine in this state, including a medical doctor and a
64	64	doctor of osteopathic medicine.
65	65	(8) "Pregnant" means the female reproductive
66	66	condition of having an unborn child in a woman's uterus.
67	67	(9) "Unborn child" means an offspring of human beings
68	68	from conception until birth.
69	69	Sec. 171.052. ENFORCEMENT BY TEXAS MEDICAL BOARD.
70	70	Notwithstanding Section 171.005, the Texas Medical Board shall
71	71	enforce this subchapter.
72	72	Sec. 171.053. DISTRIBUTION OF ABORTION-INDUCING DRUG.
73	73	(a) A person may not knowingly give, sell, dispense, administer,
74	74	provide, or prescribe an abortion-inducing drug to a pregnant woman
75	75	for the purpose of inducing an abortion in the pregnant woman or
76	76	enabling another person to induce an abortion in the pregnant woman
77	77	unless:
78	78	(1) the person who gives, sells, dispenses,
79	79	administers, provides, or prescribes the abortion-inducing drug is
80	80	a physician; and
81	81	(2) the provision, prescription, or administration of
82	82	the abortion-inducing drug satisfies the protocol tested and
83	83	authorized by the United States Food and Drug Administration as
84	84	outlined in the final printed label of the abortion-inducing drug.
85	85	(b) Before the physician gives, sells, dispenses,
86	86	administers, provides, or prescribes an abortion-inducing drug,
87	87	the physician must examine the pregnant woman and document, in the
88	88	woman's medical record, the gestational age and intrauterine
89	89	location of the pregnancy.
90	90	(c) The physician who gives, sells, dispenses, administers,
91	91	provides, or prescribes an abortion-inducing drug shall provide the
92	92	pregnant woman with:
93	93	(1) a copy of the final printed label of that
94	94	abortion-inducing drug; and
95	95	(2) a telephone number by which the pregnant woman may
96	96	reach the physician, or other health care personnel employed by the
97	97	physician or by the facility at which the abortion was performed
98	98	with access to the woman's relevant medical records, 24 hours a day
99	99	to request assistance for any complications that arise from the
100	100	administration or use of the drug or ask health-related questions
101	101	regarding the administration or use of the drug.
102	102	(d) The physician who gives, sells, dispenses, administers,
103	103	provides, or prescribes the abortion-inducing drug, or the
104	104	physician's agent, must schedule a follow-up visit for the woman to
105	105	occur not more than 14 days after the administration or use of the
106	106	drug. At the follow-up visit, the physician must:
107	107	(1) confirm that the pregnancy is completely
108	108	terminated; and
109	109	(2) assess the degree of bleeding.
110	110	(e) The physician who gives, sells, dispenses, administers,
111	111	provides, or prescribes the abortion-inducing drug, or the
112	112	physician's agent, shall make a reasonable effort to ensure that
113	113	the woman returns for the scheduled follow-up visit under
114	114	Subsection (d). The physician or the physician's agent shall
115	115	document a brief description of any effort made to comply with this
116	116	subsection, including the date, time, and name of the person making
117	117	the effort, in the woman's medical record.
118	118	(f) If a physician gives, sells, dispenses, administers,
119	119	provides, or prescribes an abortion-inducing drug to a pregnant
120	120	woman for the purpose of inducing an abortion as authorized by this
121	121	section and the physician knows that the woman experiences a
122	122	serious adverse event, as defined by the MedWatch Reporting System,
123	123	during or after the administration or use of the drug, the physician
124	124	shall report the event to the United States Food and Drug
125	125	Administration through the MedWatch Reporting System not later than
126	126	the third day after the date the physician learns that the event
127	127	occurred.
128	128	Sec. 171.054. ADMINISTRATIVE PENALTY. (a) The Texas
129	129	Medical Board may take disciplinary action under Chapter 164,
130	130	Occupations Code, or assess an administrative penalty under
131	131	Subchapter A, Chapter 165, Occupations Code, against a person who
132	132	violates Section 171.053.
133	133	(b) A penalty may not be assessed under this section against
134	134	a pregnant woman who receives a medical abortion.
135	135	SECTION 2. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2013.
140	140	* * * * *